Connecticut Divorce FAQs

Get answers to frequently asked questions about divorce in Connecticut.

Here are some answers to frequently asked questions about getting a divorce in Connecticut:

Does Connecticut have a residency requirement for divorce?

Yes.
In most cases at least one spouse must have been lived in Connecticut
for the past 12 months before the court can grant a divorce (called
“dissolution” in Connecticut). The 12 months can be either before one
spouse files a complaint or before the court enters a final decree.
There are a few exceptions to this general rule. For example, if one
spouse lived in Connecticut at the time of the marriage, moved out of
the state during the marriage, and then moved back with a plan to stay
permanently before filing for divorce, the 12 month requirement won’t
apply.

Do we need a lawyer if we agree on everything in the divorce?

It’s
always a good idea to get legal advice. A divorce can have important
consequences that aren’t immediately obvious. You and your spouse can’t
use the same lawyer either, even if you agree on everything. You can
represent yourself, however. This is called proceeding "pro se." The State of Connecticut Judicial Branch has a “Do It Yourself Divorce Guide”
to help self-represented parties work through the dissolution process.
You can get a printed copy of this guide from any Connecticut superior
court.

Does Connecticut have "no-fault" divorce?

Yes.
Most divorces in Connecticut are "no-fault" divorces. To obtain a
no-fault divorce, one spouse must simply state a belief that the
marriage has broken down “irretrievably,” meaning that there is no
realistic chance of a reconciliation.

Does Connecticut have "fault" divorce?

Yes. Fault grounds in Connecticut include:

adultery

fraudulent contract (lying about a serious criminal history, for example)

confinement in a mental hospital for at least five out of the six years before filing the divorce complaint.

If you believe there may be a benefit to choosing a fault ground in your case, contact an attorney for advice.

How do I file for divorce?

The
person seeking the divorce (the "plaintiff") files a document called a
“complaint” in the superior court for the judicial district where at
least one of the spouses lives. The complaint includes information about
current living arrangements, the reason for the divorce, and any
children of the marriage. In addition to asking that the marriage be
terminated, the plaintiff can ask the court to divide marital property
and debts, award alimony or child support, determine child custody, and
restore a previous name. The plaintiff usually has the state marshal
serve the complaint on the other spouse (the “defendant”), along with a
required Summons and Notice of Automatic Court Orders.

What are Automatic Court Orders?

Automatic
orders are restraining orders that go into effect automatically at the
beginning of a dissolution case. They prevent either spouse from taking
actions that would drastically affect the couple’s property or children
without the other spouse’s consent, such as spending a large amount of
money, changing life or medical insurance beneficiaries, mortgaging or
selling a home, locking the other spouse out of the home, or taking
children out of the state. The court can modify (change) these orders in
an appropriate case.

How long will the whole process take?

The
Connecticut dissolution process takes a minimum of about four months;
in a complicated case it may take much longer. The court sets two dates
when a complaint is filed. The first is the “return date,” which is at
least four weeks away to give the defendant a chance to answer the
complaint, file a cross complaint, or simply enter a “pro se”
appearance. The second date is the “case management date,” which is at
least 90 days after the return date and is the earliest date a divorce
can be finalized.The court takes no action before the
case management date so that the spouses have some time to settle issues
out of court. Couples with children must also complete a court-approved
parenting education program within 60 days of the return date.

What if I need the court to make decisions earlier than the end of the 90 days?

You
can file paperwork (called a “motion”) asking the court to make
temporary decisions regarding child custody, visitation, child support,
alimony, possession of property, or payment of debts at any time during
your case. You can even file and serve a motion with your complaint.

How much will the divorce cost?

There
is a fee of $350 to file a complaint and $50 for service of the court
papers. The fee for the mandatory parenting education class is $125.
Depending on the specifics of your case, you may have to pay additional
fees for things such as publishing a notice in a newspaper (if you can’t
locate your spouse) or filing a counterclaim or motion in court. The
Connecticut judiciary maintains an up to date list of court fees.
Fees for attorneys, mediators, and any experts you may need in your
case are unpredictable due to wide variations in rates and time
required. Generally speaking, if your case is simple, and you and your
spouse can resolve your issues with little difficulty, costs will be
lower. If your case is complex or you have trouble reaching agreements,
it could become very expensive.

Should we consider mediation?

If
you wish to limit conflict in your divorce, but still have some
disagreements, you can ask a neutral third party (called a “mediator”)
to help you settle your case in a confidential proceeding called
mediation. The mediator provides information rather than legal advice
and helps a couple understand all available options. There are both
court-sponsored and private mediation options available in Connecticut.
The Connecticut judiciary’s Mediation Programs / Alternative Dispute Resolution (ADR) webpage includes additional information about these options.